Legal requirements for landlords in 2026

Being a private landlord in England carries 13 distinct statutory obligations. Miss any one of them and you risk fines, rent repayment orders, prosecution, or the loss of your right to serve a valid possession notice. This guide covers each duty, the relevant legislation, and the paperwork that demonstrates compliance.

Duty 1: Gas safety certificate

You must have a Gas Safety Record (CP12) carried out annually by a Gas Safe registered engineer for every gas appliance and flue in the property. The record must be given to the tenant before they move in (or within 28 days of the annual check for existing tenants). Keep records for two years. Failure to comply carries an unlimited fine and up to 6 months imprisonment.

Duty 2: Electrical Installation Condition Report (EICR)

Since 1 April 2021 all private rented properties in England must have an EICR carried out by a qualified electrician at least every 5 years. The report must be given to existing tenants within 28 days, to prospective tenants before occupation, and to the local authority within 7 days of a written request. A satisfactory EICR rating is required. Unsatisfactory items must be remediated within 28 days.

Duty 3: Energy Performance Certificate (EPC)

You must have a valid EPC (rated A to G) for the property before marketing it. The EPC must be made available to prospective tenants. As at May 2026, the Minimum Energy Efficiency Standard (MEES) requires an EPC rating of E or above for most new and continuing lets. Proposed changes to raise the minimum to C are subject to ongoing consultation and have not yet become law.

Duty 4: Deposit protection

If you take a tenancy deposit, it must be protected with one of the three government-authorised schemes: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). Protection must be in place within 30 days of receipt. Prescribed Information about the scheme must be served on the tenant within the same 30-day window. Failure triggers a penalty of 1 to 3 times the deposit amount, payable to the tenant, and bars you from serving a Section 21 notice (irrelevant after 1 May 2026 but the deposit rules remain in force).

Duty 5: Right-to-rent check

Before granting a tenancy to any adult occupier aged 18 or over, you must check their right to rent in England. See the separate LetSafe guide on right-to-rent checks for a full breakdown of the three valid check methods, the audit trail requirements, and the civil penalties.

Duty 6: How to Rent guide

You must give the government's How to Rent guide (the current version) to every new assured or periodic tenancy tenant in England. The guide must be given at the start of the tenancy. If you do not provide it, you cannot serve a valid Section 8 notice on certain grounds until you have provided it. The guide is updated periodically: always use the version current at the start of the tenancy.

Duty 7: Smoke and carbon monoxide alarms

From 1 October 2022 you must fit at least one smoke alarm on every floor of the property used as living accommodation. A carbon monoxide alarm is required in every room with a fixed combustion appliance (gas boiler, open fire, wood-burning stove) other than a gas cooker. Alarms must be tested at the start of each tenancy. The tenant is responsible for testing them during the tenancy and for reporting defects. A local authority can impose a remediation notice and a fine of up to £5,000.

Duty 8: Fitness for human habitation

Under the Homes (Fitness for Human Habitation) Act 2018, your property must be fit for human habitation at the beginning and throughout the tenancy. The 29 HHSRS hazard categories include damp and mould growth, excess cold, structural collapse, and entry by intruders. Tenants can bring a claim in the county court for breach. The remedy is an injunction requiring repairs, plus damages.

Duty 9: Repair and maintenance

Under Section 11 of the Landlord and Tenant Act 1985, you are responsible for keeping in repair: the structure and exterior of the dwelling; installations for the supply of water, gas, electricity, and sanitation; and heating and hot-water installations. The obligation to repair arises once you have been notified of the defect. You are not responsible for repairs that are the tenant's fault.

Duty 10: HMO licensing (where applicable)

If your property is occupied by five or more people forming two or more separate households, sharing facilities, it is likely a licensable House in Multiple Occupation (HMO). Mandatory licensing applies nationally. Many local authorities have additional or selective licensing schemes with lower thresholds. Check with your local authority. Operating an unlicensed HMO carries an unlimited fine and a rent repayment order covering up to 12 months' rent.

Duty 11: Section 13 rent increase procedure

From 1 May 2026, the only lawful way to increase rent on a Periodic Assured Tenancy in England is to serve a Form 4A (Section 13 Notice of Rent Increase). The notice must give at least one rental period's notice (minimum one month for monthly tenancies). You can only increase the rent once in any 12-month rolling window. The tenant can challenge the increase at the First-tier Tribunal (Property Chamber) for a market determination.

Duty 12: Information Sheet (new from 1 May 2026)

You must serve the prescribed Renters' Rights Act 2026 Information Sheet on every tenant whose tenancy auto-converted from an AST on 1 May 2026. The deadline for service on existing tenants is 31 May 2026. For new tenancies granted on or after 1 May 2026, the Information Sheet must be given at the start of the tenancy alongside the How to Rent guide.

Duty 13: Private Landlord Database registration (phased from 2026)

The Renters' Rights Act 2026 creates a mandatory Private Landlord Database. Phased regional rollout is expected from late 2026. Once your region goes live, you must register yourself and each let property. Failure to register is a civil offence carrying penalties up to £40,000 and bars you from serving possession notices.